Exam 7: Motion Practice

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Under the Federal Rules of Civil Procedure, a moving party is required to give 10 days' notice of the hearing on a motion.

(True/False)
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A motion in which the moving party claims that the pleadings themselves indicate that no controverted issues exist and that judgment can be entered for only one party is known as a ________.

(Multiple Choice)
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Sometimes, after reviewing all of the papers in support of or in opposition to a motion, a judge will issue a(n) ________ ruling prior to the court hearing.

(Short Answer)
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A motion for a summary judgment is an example of a ________ motion.

(Multiple Choice)
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In some courts, the hearing on a motion can be handled through a telephone call rather than an actual appearance in court.

(True/False)
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A statement under penalty of perjury, sworn to before a notary, describing the factual basis for making or opposing a motion is called a(n) ________.

(Short Answer)
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If an attorney makes a frivolous motion, the court will probably issue ________ against the attorney to punish him or her.

(Short Answer)
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Motion practice is often the subject of local rules of court, both in federal and state courts.

(True/False)
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In federal court, a motion for judgment notwithstanding the verdict is now called a motion for ________.

(Short Answer)
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The type of motion filed in this case is known as an ex parte motion.

(True/False)
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After requesting and obtaining a temporary restraining order, a party would normally request a(n) ________.

(Short Answer)
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The decision from the court on a motion is known as a(n) ________.

(Multiple Choice)
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An order shortening time is often the result of an ex parte motion.

(True/False)
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Papers filed in court in support of a motion are ________.

(Multiple Choice)
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Except for motions made during the ________, motions are required to be written, filed in court, and served on opposing attorneys.

(Short Answer)
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